Andhra Pradesh High Court - Amravati
Dakkata Balaramareddy vs The State Of Andha Pradesh on 24 January, 2024
HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI
MAIN CASE NO.: Crl.A.No.984 of 2023
PROCEEDING SHEET
Sl. DATE OFFICE
ORDER
No NOTE
03. 24.01.2024 UDPR, J & KM, J
I.A.No.1 of 2023
This Criminal Appeal is filed by the appellants/ Accused No.1 & 2 aggrieved by the conviction and sentences recorded by the learned VI Additional District & Sessions Judge, Sompeta in S.C.No.81/2012 by which the appellants/accused were found guilty for the offences punishable under Sections 302, 450 & 397 of IPC and they were now undergoing imprisonment for life. There is a delay of 2602 days in preferring the appeal and hence, the appellants filed the delay condoning petition.
Learned Public Prosecutor did not file counter and left the matter to the discretion of this Court.
When enquired, the submission of the petitioners is that since the date of judgment i.e., from 30.08.2016 they have been languishing in jail and their kith and kin informed that they would take care and would file the appeal against the impugned judgment. Recently they came to know that no appeal has been filed and therefore, the petitioners now filed the appeal. In that process a long delay was occurred which is neither wanton nor willful.
Having regard to the fact that the appeal is a statutory right against the impugned judgment and that the petitioners have been languishing in jail since after the impugned judgment, in the interest of justice, we consider it apposite to condone the delay in preferring the appeal.
Accordingly, this petition is allowed and the delay of 2602 days in preferring the criminal appeal is condoned.
Crl.A.No.984 of 2023Admit.
Post after three (3) weeks.
________ UDPR, J ______ KM, J NNN